Legislation -
Signed
(Executive)
-
April 9, 2009

NOTE: THE LEGISLATURE PROVIDES ITS MEMBERS WITH THE OPPORTUNITY TO BOTH VOTE ON WHETHER TO CONCUR WITH THE OPPOSING CHAMBER'S AMENDMENTS AND, IF THE CONCURRENCE VOTE SUCCEEDS, VOTE TO REPASS THE BILL AFTER THE AMENDMENTS ARE INCORPORATED. THIS IS A VOTE ON REPASSAGE OF THE BILL AFTER THE MEMBERS CONCURRED WITH THE OPPOSING CHAMBER'S AMENDMENTS.

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that, beginning July 1, 2009, authorizes two voluntary unmarried individuals that are at least 18 years of age and competent to enter into a contract to enter into a designated beneficiary agreement, provided that neither is a party to another designated beneficiary agreement, thereby ensuring some of the rights guaranteed to married couples.

Highlights:

-Authorizes individuals entering into a designated beneficiary agreement to designate the other individual as any of the following, unless specifically excluded from the agreement (Secs. 1-16):

-Proxy decision-maker or surrogate decision-maker for medical treatment;
-Guardian of an incapacitated individual;
-Individual responsible for disposition of the individual's last remains.
-Agent to donate the body or body parts of the individual upon death;
-Dependent for the purposes of receiving workers' compensation benefits;
-Dependent in a life insurance policy;
-Dependent for the purposes of health care coverage if an employer elects to cover designated beneficiaries;
-Beneficiary of a retirement or pension plan;
-Personal Representative (handler of estate); and
-Conservator.

-Authorizes individuals in a designated beneficiary agreement to visit the other individual in a hospital, nursing home, hospice, or similar health care facility, including the right to file a formal complaint alleging a violation of the rights of nursing home patients, unless specifically excluded from the agreement (Sec. 1).
-Authorizes individuals in designated beneficiary agreements to inherit the estate of the other individual upon death without a legal will, unless the individual has surviving children, then half of the estate goes to the designated beneficiary and half goes to the individual's surviving children (Sec. 7).
-Authorizes individuals in designated beneficiary agreements to file litigation for wrongful death of the other individual as a result of negligence, unskillfulness, or criminal intent, unless specifically excluded from the agreement (Sec. 6).
-Specifies that the following documents supersede a designated beneficiary agreement if a conflict exists between the two (Sec. 1):

-Will;
-Codicil;
-Power of attorney;
-Medical durable power of attorney;
-Trust instrument;
-Beneficiary designation in an insurance policy or policy of health coverage;
-Beneficiary designation in a retirement or pension;
-Beneficiary designation for a deposit or account, including, but not limited to, demand, savings, and time deposit accounts;
-Declaration as to medical treatment executed;
-Declaration as to disposition of last remains; and
-Marriage license.

-Specifies that the provisions of this Act shall not be construed to create evidence of a party's intent to form a common law marriage (Sec. 1).

Legislation -
Bill Passed
(House)
(41-24) -
Feb. 24, 2009(Key vote)

Title: Designated Beneficiary Agreements Between Unmarried Adults

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that, beginning July 1, 2009, authorizes two voluntary unmarried individuals that are at least 18 years of age and competent to enter into a contract to enter into a designated beneficiary agreement, provided that neither is a party to another designated beneficiary agreement, thereby ensuring some of the rights guaranteed to married couples.

Highlights:

-Authorizes individuals entering into a designated beneficiary agreement to designate the other individual as any of the following, unless specifically excluded from the agreement (Secs. 1-16):

-Proxy decision-maker or surrogate decision-maker for medical treatment;
-Guardian of an incapacitated individual;
-Individual responsible for disposition of the individual's last remains.
-Agent to donate the body or body parts of the individual upon death;
-Dependent for the purposes of receiving workers' compensation benefits;
-Dependent in a life insurance policy;
-Dependent for the purposes of health care coverage if an employer elects to cover designated beneficiaries;
-Beneficiary of a retirement or pension plan;
-Personal Representative (handler of estate); and
-Conservator.

-Authorizes individuals in a designated beneficiary agreement to visit the other individual in a hospital or nursing home, unless specifically excluded from the agreement (Sec. 1).
-Authorizes individuals in designated beneficiary agreements to inherit the estate of the other individual upon death without a legal will, unless the individual has surviving children, then half of the estate goes to the designated beneficiary and half goes to the individual's surviving children (Sec. 7).
-Authorizes individuals in designated beneficiary agreements to file litigation for wrongful death of the other individual as a result of negligence, unskillfulness, or criminal intent, unless specifically excluded from the agreement (Sec. 6).
-Specifies that the following documents supersede a designated beneficiary agreement if a conflict exists between the two (Sec. 1):

-Will;
-Codicil;
-Power of attorney;
-Medical durable power of attorney;
-Trust instrument;
-Beneficiary designation in an insurance policy or policy of health coverage;
-Beneficiary designation in a retirement or pension;
-Declaration as to medical treatment executed; and
-Marriage license.

-Specifies that the provisions of this Act shall not be construed to create evidence of a party's intent to form a common law marriage (Sec. 1).